E-Tender for Licence for Advertisement through Show Window...

(Naveen Kumar Sagar)Manager (CNS/Commercial)

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E-Tender for Licence for Advertisement through Show Window inside terminal building, Sri Guru Ram Dass Jee

International Airport, Amritsar

COST OF E-TENDER DOCUMENTS – (Non-Refundable)

Rs.2,000/- (Rupees two thousand only) inclusive of all taxes

E-TENDER DOCUMENT No. 1000010353

AIRPORTS AUTHORITY OF INDIA

Sr. No. Particulars Page No. No. of Sheets

1 Preface 2 – 3 22 E-Tendering guidelines to the bidders

(Annexure A)4 1

3 Notice Inviting E-Tender 5 - 8 44 General Information & Guidelines 9 – 13 55 Licence Agreement 14 - 17 46 Schedule of premises 18 17 Drawings of Location – Annexure 1 19 18 General Terms & Conditions (Annexure X) 20 – 23 49 Special Terms and Conditions (Annexure Y) 24 1

10 Declaration (Annexure B) 25 111 Declaration (Annexure C) 26 112 Letter for Acceptance (Annexure D) 27 113 Declaration (Annexure E) 28 114 Form of Bank Guarantee 29 115 Letter of understanding from the

depositor to Bank30 1

(SIGNATURE OF ISSUING AUTHORITY)


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Preface

Airports Authority of India, Sri Guru Ram Dass jee International Airport, Amritsar in its Endeavour towards passengers / visitors facilitation is pleased to announce that short tenders are being invited from eligible parties for awarding a Licence for Advertisement through Show Windowinside terminal building.

Sri Guru Ram Dass Jee International Airport, Amritsar, the golden destination and the fastest growing airport in India has come up with the new integrated terminal building which is a blend of modern and Indian designs, constructed of glass and steel, but with Indian arches and colours.

The prospective bidder / tenderer are requested to visit the site / airport before participating in the tender and may satisfy themselves before submitting tender. Request for reduction in licence fee at any stage shall not be entertained by AAI. In order to get assistance from this office regarding visit of site / airport, the party is requested to please inform us at least one day in advance. The necessary arrangements in r/o visit of site / airport shall be taken care of by this office, if desired by the party.

A new integrated terminal building was inaugurated on 25th February 2009, with an area of approximately 40175 Sqm. (432440 sq ft) compared to 12770 Sqm. (137500 sq ft) previously. The new integrated terminal building is a glass and steel structure equipped with having a central air conditioning system, an inline X-ray baggage inspection system integrated with the baggage conveyor system, escalators, public address system, Flight Information Display System (FIDS), CCTV for surveillance, check-in counters with Common Use Terminal Equipment (CUTE), car parking, etc.

The integrated terminal building at Amritsar has annual handling capacity of 1.46 million passengers. During the F.Y. 2014-2015, approx. 10.79 lacs passengers traffic have been recorded at this airport. The integrated building has 30 check-in counters, 4 X-ray scanners (for baggage), 26 immigration Counters, 10 custom counters, 12 security check booths, and 4 conveyor belts for arrivals. The apron has been extended to cater for parking of total of 14 aircrafts (8 Category ‘E’, 3 Category ‘D’ and 3 Category ‘C’ type of aircraft) from the earlier capacity of ten aircrafts and strengthened for parking of Category ‘E’ type of aircraft.

The departure and arrival hall are having facilities for Duty Free shops, Snack Bars, Handicrafts shop (international & domestic SHA), Jewellery shop (International SHA), Leather Products Shop (domestic SHA), Fragrances, Cosmetics & Skin Care Products Shop (domestic SHA), Footwear & Accessories retail Store (domestic SHA), Antique and small Handicrafts items (international & domestic SHA), Scratch and Win Counter (domestic SHA) and Garments Shop (domestic SHA) etc.

The New Integrated Terminal Building (NITB) also accommodates Restaurant, Snack Bars, TR Stall, ATM counters, Help Desk for the convenience of departing as well arriving passengers.

Money Exchange Counters, Maxi Cab service, Radio Taxi Service etc. are also available at this airport.

Further, following facilities are also likely to be introduced shortly at Amritsar Airport:-

1. Snack Bars on the first floor of International SHA.

2. Retail outlet for Pen or Watches, inside domestic SHA (ground floor).

3. Retail outlet for Jewellery Items, inside domestic SHA (ground floor).

4. Retail outlet for Garments, inside International SHA (ground floor).

5. Retail outlet for Books, inside International SHA (ground floor).


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6. Pay Phone Facility Coin / Card Operated Unmanned (inside terminal building).

7. Chemist / Pharmacy shop.

8. International Branded car facility.

9. Domestic Tour Operator / Hotel Reservation Counter.

10. Executive Lounge etc.

The airport is also having followings features/facilities:- A brand new cargo handling facility due to demands from exporters in Punjab,

Haryana and Himachal Pradesh, who have no alternative apart from Delhi which is far too far away.

Passenger terminal building size now doubled to 41,000 square meters (440,000 sq ft).

Two new aerobridges have already been made operational. Parking bays now increased from 5 to 14 by 2009. The runway extended by 369 meters (1,211 ft) to a total length of 3,658 meters

(12,001 ft). A new car park for passengers and visitors.

Airlines operating from this airport along with their destinations are as follows:-Airlines DestinationsAir India Delhi, Sharjah, BirminghamAir India Express DubaiJet Airways Delhi, Mumbai, Chennai, BangaloreQatar Airways Doha and other destinations in Europe / USA etc.Turkmenistan Airlines Ashgabat and other destinations in Europe/ USA etc.Uzbekistan Airways Tashkent and other destinations in Europe/ USA etc.SpiceJet Delhi, Srinagar, Mumbai


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Annexure - A“E-Tendering guidelines to the bidders ”

1. E-Tendering Participation Requirements : Interested bidders / tenderers willing to participate through e-tendering process are required to register themselves on this portal followings the process given below :

> Click on the link > New bidder? Apply for authentication

1.1 User name and Password: The objective of obtaining system generated user identification (UID) followed by Password is essential for downloading of e-tender document. The e-tender document is uploaded by AAI using digital signatures. However, digital signature is not required for down loading of e-tender document. The portal can be viewed through guest user (id) for getting tender details & other information at portal.

1.2 There is no registration fee applicable. However, bidder(s) shall have to pay the e-tender document fees through payment gateway provided by HFDC.

1.3 For any technical assistance bidders may contact as mentioned below :

(i) Mr Dharmendra Kumar, Asst. G.M.(IT), AAITelephone number : 011-24626632 (Direct), EPBAX no. 011-24632950, 3509Mobile no. : 09891164759E-mail Id : [email protected] / [email protected]

(ii) Mr A.K.Sharma, Jt.G.M. (IT), AAITelephone number : 011-24647596 (Direct), EPBAX no. 011-24632950, 3506Mobile no. : 09868572601E-mail Id: [email protected] / [email protected] / [email protected]

1.4 Digital Certificates: Bidders / tenderers are required to obtain digital certificate from authority duly certified from Govt of India. (Please see www.cca.gov.in).

1.5 Bidder’s training support system: Detailed information in this regard have been provided to the bidders at this portal.

1.6 Training support system for registered bidders is given inside the portal and visible to the registered bidders only.


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AIRPORTS AUTHORITY OF INDIA,SRI GURU RAM DASS JEE INTERNATIONAL AIRPORT, AMRITSAR.

NOTICE INVITING E-TENDERS

1. E- Tender in the prescribed form are hereby invited (online) for granting licence for the following:

Name of facility with its location Earnest Money Deposit

Minimum Reserve Licence Fee Per Month (in Rs.)

Licence for Advertisement through Show Window inside terminal building, Sri Guru Ram Dass Jee International Airport, Amritsar

Total Tentative Area for display of Advertisement through Show Window for 07 Nos. sites - 280 Sq. ft. Display area i.e. 40 Sq.ft each site or as decided by AAI.

Rs.91,800/-(Rupees Ninety One ThousandEight Hundred only)

Rs.76,500/-(Rupees Seventy SixThousand Five Hundred only)Per Month.

Note:-

(i) Offer below MRLF will not be considered for award.

(ii) The Quoted licence fee against MRLF shall be subject to annual compound escalation @10% orat the rate as decided by AAI from time to time.

(iii) Utility / facilitation charges shall be levied on space rent applicable on horizontal area allotted, if any or 50% of the average electricity bill of last six months, whichever is higher. This fix average amount shall also be subject to 10% of annual escalation”. The Utility / facilitation charges are subject to revision from time to time on the discretion of AAI.

(iv) No reduction in the advertisement display area shall be allowed during the currency of licence. Any increase in the advertisement display area shall be charged on pro-rata basis of the existing licence fee. However, this would be subject to following:-

a) During the life of the contract, if due to any administrative reasons any site is withdrawn by AAI, then the alternate site will be suggested by AAI. The party must submit the acceptance within 30 days else the area withdrawn will be treated as surrendered and the contract value will be amended accordingly. The contract value will be amended with effect from the first of the subsequent month after the expiry of 30 days of the notice irrespective of the date of surrender. The area once surrendered will not be given to the contractor during the tenure of the contract.

AAI will reserve its right to use that area for any commercial facility, if feasible and the advertisement contractor will have no right on that.

b) Number of advertisement sites of inside the building shall be as per the Annexure 1 ofschedule of premises. Mentioned area is minimum for which licensee has to pay quoted licence fee. No reduction in area will be entertained in future. In case of additional area If identified in future by the Iicensee / AAI, additional licence fee shall be payable by the party on pro rata basis as per the quoted rates for additional area.

c) No rebate for above site(s) in the quoted licence fee shall be applicable for the late / delayed availability of the particular sites and the successful tenderer shall have to pay the


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quoted licence fee from the date of completion of the gestation period for 60 days or actual commencement, whichever is earlier.

(v) This e-tender / licence will not cover Advertisement through any other media like space on trolley, Time Temperature display or any other information cum Advertisement hoardings / boards etc., pasting on any surface like conveyor belts etc., scroll boards, pole kiosk on the approach road, banners, entry and exit arch, sponsored road signage, kerb stone paintings etc., available area inside and outside of the PBB (aerobridges), Electronic media like CCTV, stand alone electronic display board, electronic information display board etc.

(vi) The subject advertisement contract shall cover advertisement through Show Window only. Nomedia other than Show Window shall be added during the currency of the contract.

(vii) The Advertisement through Show Window display area of 280 Sq.ft. is only tentative area and the actual area shall be worked out in joint measurement to be signed by AAI and party.

(viii) The tentative location(s) / area of Advertisement through Show Window shall be as per Annexure 1 of schedule of premises but AAI reserves the right to change the location(s) / area of advertisement at its discretion / requirements.

(ix) The prospective bidder(s) / tenderer(s) are requested to visit the site / airport before participating in the e-tender and may satisfy themselves before submitting e-tender. Request for reduction in licence fee at any stage shall not be entertained by AAI.

In order to get assistance from this office regarding visit of site / airport, the party is requested to please inform us at least one day in advance. The necessary arrangements in r/o visit of site / airport shall be taken care of by this office, if desired by the party.

(x) The successful tenderer is liable to pay all Govt. Taxes including service tax (presently @14%) applicable at the rates declared by Govt. of India / State Govt. / Union territory from time to time.

(xi) The Show Window may be illuminated / non-illuminated. However, in the case of illuminated, the cost of electricity charges shall be borne / meet out by the licensee.

(xii) The cost of hardware / installation expenses in r/o subject advertisement shall be borne / meet out by the advertiser / licensee only.

(xiii) The party shall also pay applicable electricity water charges etc. during the licence period.

(xiv) The licensee shall not be permitted to keep unoccupied media at the allotted area / location as vacant. Rather, in the event of any media being unoccupied the advertisement of licensee and / or AAI shall appear on the same and for this AAI shall not make any payment / grant rebate to licensee in any manner / case.

(xv) Gestation period of sixty (60) days or actual commencement of commercial operation whichever is earlier will be permitted. For cases of all the contracts that have been extended or the contract is bagged by the same party and the subsequent award letter is ipso facto extension of the contract as far as the period is concerned, no gestation period will be granted.

(xvi) The gestation period will be counted from the date of issuance of letter of intent / award to the successful bidder. The licensee has to ensure all the compliances including security compliances, fabrication of Show Window etc. within the gestation period itself. Claim for additional gestation period or rebate on account of any non-compliance by the licensee within the gestation period shall not be entertained by AAI at any stage.


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2. The period of licence shall be THREE (03) YEARS.

3. The parties fulfilling the following Experience Criteria are eligible to participate in the e-tender:-

Parties having experience of at least three (3) years in advertisement display business at transportation centre like airport, seaports, railways, metro railway station are eligible to participate in the subject e-tender.

Experience Criteria will not be applicable to existing licensees for the same facility.

4. Only one e-tender document shall be sold / downloaded to / by a single party either a firm or an individual. The proprietor of more than one company or firm will be considered as single party and one legal entity.

5. Any party either a firm or an individual falling under the following categories is not eligible:

a) De-barred/black listed by CBI or AAI or Undertakings/ Departments like; Railway, Defence, or any other Department of Govt. of India, State Govt. Deptt. A declaration to this effect is also to be submitted by the party with e-tender documents.

b) Parties facing action under PPE Act, with AAI.

c) Parties either an individual or a business establishment, who has been ordered by a Court of Law to pay the outstanding dues of AAI at any of the airports as a whole and has not paid such dues to AAI shall also not be eligible for the e-tender.

6. E-Tender documents indicating full details of the licence can be seen in the e-tender documents uploaded on the AAI e-tender portal https://etender.aai.aero/irj/portal / www.aai.aero .

The bids shall be submitted only on the AAI e-tender portal https://etender.aai.aero/irj/portal.

The bids shall not be accepted in any other form.

The e-tendering process is online at e-portal URL address https://etender.aai.aero/irj/portal.

Tenderers are requested / advised to get themselves acquainted for e-tendering participation requirement themselves at AAI e-tendering portal mentioned above.

Clarification needed, if any may be sent through e-tendering portal only.

Cost of e-tender fee amounting to Rs.2,000/- (Rupees two thousand only) non-refundable, will be required to be paid on line through payment HDFC gateway, provided at the portal itself.

E-bids shall be submitted in two bid system as follows:-

(i) Technical bid – Earnest money deposit (EMD) and other documents as required under CLAUSE 3of general information / guidelines of Notice Inviting e-Tender.

(ii) Financial Bid – As required under CLAUSE 4 of general information / guidelines of Notice Inviting e-Tender.


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7. Critical dates Sl. no.

Activity Date Time in IST

From To(i) Download of e-tender document

from e-tender portal 08.07.2015 28.07.2015 Upto 1700 hrs.

(ii) Online submission of bids (Technical as well as financial) on e-tender portal

Upto 29.07.2015 By 1100 hrs.

(iii) Opening of technical bids (onlineonly)

On 29.07.2015 at 1130 hrs.

(iv) Opening of financial bids (onlineonly)

Date & time of opening of financial bids shall be intimated separately / subsequently only to the technically qualified bidders.

8. AAI reserves to itself the right to reject the conditional e-tenders without assigning any reason thereto.

9. AAI reserves to itself the right to reject any or all the e-tenders without assigning any reason thereof and to call for any other detail or information from any of the tenderer(s).

Airport DirectorAAI, SGRDJI Airport,

Amritsar.


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GENERAL INFORMATION / GUIDELINES1. E-Tender documents are not transferable.

2. Following bids shall be submitted through online only at e-portal by the bidder / tenderer:-

(i) The technical e-bid through e-portal.

(ii) The financial e-bid through e-portal.

3. The technical e-bid which will be opened first, shall contain the following documents specified as under (Bidders shall upload scanned copy of following documents in readable form at AAI e-tendering portal as a part of technical bid):-

a) Details of the concern and legal status that is whether it is sole proprietor, partnership firm or a company under the Companies Act.

b) Self attested copies of the PAN card, Sale tax registration certificate (VAT in States it has become applicable), Service tax registration. In case any or all the provisions mentioned above are not applicable, the party should give a declaration to that effect. Non submission will not be considered as exemption. AAI reserves the right to confirm the legal applicability of the provisions before accepting the declaration of non applicability as submitted by the party.

c) Copies of (duly audited and certified by a chartered Accountant) Profit and Loss Account / Balance sheet of the sole proprietor concern or a partnership firm, Annual Report in case of a company as per the companies Act.

d) Self attested copies of Memorandum and Articles of Association in case of Companies and Partnership deed in case of firms and approved by-laws in case of co-operative societies.

e) EARNEST MONEY DEPOSIT (EMD)

Earnest Money Deposit of Rs.91,800/- (Rupees Ninety One Thousand Eight Hundred only)shall be accepted online only through the e-tender portal via bank transfer in the form of RTGS / NEFT. Tenderer shall use the payment gateway of IndusInd Bank / HDFC Bank integrated for the purpose with the AAI E-Tender portal.

Note:- EMD in the form of Cash / Demand Draft or any other form shall not be accepted.Tenderers shall also note that they are not required to contact any AAI employee or submit any documentary evidence of submission of EMD via Bank transfer in the form of RTGS / NEFT to any AAI employee during the process of the tender. In no scenario, the Tenderers are required to submit / contact any AAI employee for physical submission of any documents before opening of the bids.

The tenders of the bidders who fail to submit the EMD before the stipulated time shall be rejected outright.

Refund of EMD : EMD of unsuccessful bidders received through bank transfer mode (RTGS/NEFT) shall be refunded online through the same mode only and it shall be refunded in the Bank Account whose details are provided on the portal at the time of the submission of tender. The refund of EMD to bidders who fail to qualify the eligibility / technical stage shall be initiated automatically within seven (7) days of their rejection. For all bidders whose financial bids are opened, the refund of EMD except for H-1 bidder shall be processed within seven (7) days of opening of the financial bid.


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f) NO DUES CERTIFICATE - (Enclosed as Annexure B along with e-tender documents).

(i) Self declaration of dues.

The party should submit the details of contracts held (current and past) at all AAI controlled airports and offices and the details of disputed and undisputed dues there on along with the details of Security Deposit and mode of Security Deposit.

Declaration giving the details of outstanding dues (disputed and undisputed). (Enclosed as Annexure B along with e-tender documents). (NIL statement to also be filed)

(ii) No dues certificate from AAI.

The party should also enclose the No Dues Certificate issued by AAI in respect of all airports under its control.

Only signed certificate will be valid. Photocopy of the signed certificate to be attested by the party at the time of e-tender submission.

It will be the responsibility of the party to obtain the No Dues Certificate from all the stations and or offices of AAI and submit the same with the tender documents.

(iii) If the entity participating in the e-tender is a private or public limited company, Partnership Firm or Sole Proprietor and any of the Directors / Partners / Sole Proprietor of such company is also a director of any other company or partner of a concern or a Sole Proprietor having established business with AAI and has outstanding dues payable to the Authority, then the said entity shall not be allowed in AAI e-tenders. A declaration to this effect has to be submitted by the party / tenderer. (Enclosed as Annexure C along with e-tender documents).

g) Copies of documents in r/o ELIGIBILITY CRITERIA required as per Clause 3 of NIET.

h) Declaration giving the particulars of contracts undertaken by the party at different stations of AAI (Enclosed as Annexure B along with e-tender documents). (NIL statement to also be filed)

i) The details of blacklisting or debarring affected by AAI, or any Government of India department, any Central or State public sector undertakings. (Enclosed as Annexure D along with e-tender documents). (NIL statement to also be filed)

j) Declaration of Cases / Action under PPE Act initiated by AAI. (Enclosed as Annexure D along with e-tender documents). (NIL statement to also be filed).

k) Declaration to the effect that no raid / seizure / search has been carried out and / or pending by a regulatory authority in respect of the licence granted by AAI in any of the airport premises either against me and / or any member of the consortium or against our / its associates or against any of the directors / managers / employees. (Enclosed as Annexure Dalong with e-tender documents).

l) Form of unconditional acceptance duly signed (Enclosed as Annexure E along with e-tender documents).

m) Documentary evidence for EXPERIENCE CRITERIA claimed.

Important: AAI reserves the right to verify, refer any document to the concerned authority for confirmation from case to case basis. Mere submission will not bind AAI to accept the documents as valid for opening of financial bid.


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4. FINANCIAL BID

a) The financial e-bid should be in the prescribed format available at AAI e-tendering portal and the following shall also form part and parcel of financial e-bid to be submitted by the tenderer:-

I / We have carefully read and understood the terms and conditions of the licence as contained in E-Tender Documents issued by the Airports Authority of India (AAI) including the following :-

(i) Earnest Money Deposit of Rs.91,800/- (Rupees Ninety One Thousand Eight Hundred only)liable to be forfeited by AAI, if on award of licence, I/We do not accept the award or do not fulfill any of the conditions stipulated in e-tender documents, within prescribed time.

(ii) On account of non-acceptance of award or on account of non-completion of e-tender conditions within the prescribed time, I/We shall be debarred by AAI for further participation in the tenders at its airports or at any other place under the control of AAI, for a period of three (3) years.

(iii) In case the documents submitted by my/our firm along with e-tender are false / incorrect, the e-tender of my/our firm will be liable to be rejected by giving reasons. In addition, AAI reserves its right to forfeit the EMD of my/our firm and debar my/our firm from participation in the further e-tender/ tender of AAI.

b) AAI reserves itself the right to reject the conditional offer without assigning any reason thereto.

c) The AAI does not bind itself to accept the highest or any e-tender and reserves to itself the right of accepting the whole or any part of the e-tender and the tenderer shall be bound to provide the service at the rate quoted.

d) The amount of licence fee should be conspicuously written both in figures as well as in words. Any over-writing, correction or insertion should be duly signed by the authorized signatories of the tenderer(s).

e) In case of discrepancy between the amount offered in figures and words, the offer written in words will only be considered.

5. (a) A sole proprietor having concerns under different names will be considered as a single legal entity. PAN card will determine the single entity criteria hence will be the basis for decision.

(b) In case of partnership firm, as it does not have any legal entity on its own, hence if two or more firms are having common partners then all these firms will be considered as single entity. The principle of implied agency of partner as per the Partnership Act of India has been taken as the guiding principle. Since the provisions are different in Tax laws hence different PAN card will not entitle the firms having common partners to be treated as separate entity for the purpose of commercial contracts in AAI.

(c) In case of Companies, if the holding company and its subsidiary are participating in the same e-tender then a disclosure to this effect to be made at the time of submission of e-tender form. Also it will be mandatory for them to submit the basis and proof of the relationship during the technical bid stage.


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(d) In case a Foreign Company and its wholly owned Indian subsidiary (WOS) Company are participating in the same e-tender then a disclosure to be made during the participation / e-tender submission. Also it will be mandatory for them to submit the basis and proof of the relationship during the technical bid stage.

6. Tenderer(s) should clearly indicate the name & address of their Firm / Company / Individual, as the case may be and should clearly indicate the name of facility for which e-tender(s) have been invited.

7. It may be noted that the Earnest Money Deposit of the successful bidder may be forfeited and the bidder may be debarred for further participation in AAI’s tender(s) / e-tender(s) for a period of three (3) years, on account on non-completion of the following :

(a) Acceptance of the offer within 10 days from the date of the award letter addressed to the party.

(b) Payment of advance licence fee for one month within 15 days from the receipt of the award letter.

(c) (i) Payment of Security Deposit equal to last four (4) months of licence fee in the form ofDemand Draft / Pay order / Bank Guarantee of a Nationalized / Scheduled Bank in favour of Airports Authority of India, AMRITSAR within 15 days from the date of the award letter for the licence and;(ii) Payment of Security deposit equal to (as per award letter to be issued to successful bidder) for electricity / water / telephone etc.

(d) Execution of agreement before commencement of the contract. (e) Commencement of the facility within gestation period.

8. E-Tender(s) will remain valid for a period of 180 days from the date of opening of the e-technical Bid. If any tenderer withdraw during the validity period, his Earnest Money Deposit will be forfeited. However, the tenderer(s) can withdraw their Earnest Money Deposit after the validity is over or may extend the validity of their e-tender(s) with the consent of AAI.

9. The tenderer(s) shall give the list of his near relatives employed in AAI.

10. The successful bidder shall intimate the names of the persons employed by him or going to employ, who are near relatives* of AAI employees.

11. Any breach of the conditions stated above by the successful tenderer(s) shall be dealt as follows:-

(a)If a party after the award letter is issued does not complete the formalities of acceptance or does not commence the operation of the facility on the commencement date specified or does not sign the agreement within the prescribed date then the contract is liable to be terminated by AAI and the EMD received will be forfeited. The party will also be debarred from participating in any tender / e-tender of AAI for a period of one (1) year.

(b)If any contract is terminated due to any illegal activity which is punishable under any of the Laws of the Land then the party will be debarred till the case is cleared by the concerned legal authority of the land. In case any penalty or fine is imposed by the concerned authority then the party will be debarred till he obtains a clearance from the concerned authority.

(c) If at any stage, AAI finds that the party had submitted any false/ wrong/concealment of information/document affecting eligibility criteria of the facility in such case, EMD shall be


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forfeited and party is liable to be debarred for three (3) years for participation in AAI tenders/ e-tenders.

(d)If the licensee does not operate the licence upto 50% of the contract period then the party is liable to be debarred for next one (1) year.

12. Exit Clause in this contract shall be as follows:-

a) Normal termination:- The contract will deem to be terminated on the last date as given in the agreement provided the extension or renewal is approved by the competent authority on or before the last date and communicated to the party in writing and duly accepted. The liability of the party will continue to be payable along with the delayed interest (at the rate mentioned in the contract) till the same is settled. The contractor cannot claim the dues to be time barred or ultra vires even if after the contract is deemed to have terminated by operation of this clause.

b) Termination for cause:- if the party or AAI has invoked the internal dispute resolution clause(as per which the dispute referred to the DRC is to be completed within a period of 45 days) and the same remains unresolved after the specified time period, it will be deemed that the notice period for the termination has commenced from the next date within which the dispute should have been resolved. No extra notice need be served by either party and the contract will terminate after the expiry of the notice period. If such termination happens to fall within 50% of the contract period then the party is liable to pay AAI the value of license fee equal to the amount of current license fee for the six (6) months as demurrage charges. The agreement should also provide for invocation of arbitration clause only after the internal dispute mechanism has been exhausted. However, the notice for termination will deem to have commenced irrespective of the arbitration proceedings.

c) Termination for convenience:- Either party, AAI on one part and the contractor on the other part can serve the notice for termination by giving the requisite notice period. The notice given by the party should be approved by the acceptance Authority. However the date on which notice was received at AAI will be the commencement of the notice period and administrative time required for the approval will not be added. If the party has served the notice, then the party is liable to pay demurrage charges. The demurrage charges will be equal to the amount of six (6) months current licence fee if the termination occurs before the 50% period of the original contract. The period of six (6) months will be reduced to four (4)months if the contract period served exceeds the 50% period but is less than 75%. If the period served exceeds 75% and the period remaining is more than the required notice period for normal termination the demurrage will be equivalent to three (3) months licence fee.

13. All the above guidelines will form part & parcel of the Notice inviting e-tender (NIET).

14. AAI reserves itself the right to extend the date of receiving / opening of the e-bids as well as to extend the validity of the e-tender.

15. AAI reserves right to reject any or all e-tender(s) in part or in full without assigning any reason.

*Note : “By the term near relative is meant wife, husband and dependent parents, grandparents, children, grand children, brothers, sisters, uncle, aunts, cousins and their corresponding in laws”.


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LICENCE AGREEMENT

Subject:- Licence for Advertisement through Show Window inside terminal building, Sri Guru Ram Dass Jee International Airport, Amritsar.

THIS AGREEMENT made this _______day of ____________of Two Thousand ____________ between the Airports Authority of India, a body corporate constituted by the Central Government under the Airports Authority of India Act (Act 55 of 1994) and having its corporate office at Rajiv Gandhi Bhawan,Safderjung Airport, New Delhi and office at Sri Guru Ram Dass jee International Airport, Amritsarrepresented by Airport Director hereinafter called the ‘Authority’ (Which term shall, unless excluded by or is repugnant to the context, be deemed to include its Chairman, or Member, Executive Directors, Airport Directors, Officers or any of them specified by the Chairman in this behalf, and shall also include its successors and assigns) of the one part, and _________________________________________representedby ________________________________________________of the other part, hereinafter called the ‘Licensee’ (Which term shall unless excluded by or is repugnant to the context, be deemed to include its heirs, representative, successors and assigns of the licensee).

WHEAREAS the Authority is entitled in “Law” to grant licence at its Sri Guru Ram Dass jee International Airport, Amritsar for the purpose of Advertisement through Show Window inside terminal building, so as to provide amenities and facilities to the passengers and visitors at airport and is in possession of space, more fully described in the schedule hereunder and in the plan annexed to this agreement, hereinafter referred to as the premises.

WHEREAS the Licensee is desirous to render the services to the Authority on the terms and conditions mentioned hereunder:

AND WHEREAS the Authority is agreeable to grant the licence.

NOW, THEREFORE, this indenture witnesseth :

1. That the licence for the said facility shall be valid for the period of THREE (3) YEARS from to , unless terminated earlier on account of following:-

(a) By giving 60 (Sixty) days notice in writing from either side without assigning any reason.(b) Terminated by AAI on a short notice on account of un-satisfactory performance.(c) Termination on expiry of the specified time period allotted for unresolved internal dispute resolution.

2. That in consideration, Licensee shall pay the Authority every month in advance by way of licence fee on or before 10th day of English calendar month as under :

Years Amount of Monthly Licence Fee in Rs.1st Year2nd Year3rd Year

3. That in addition to the above said licence fee, Licensee shall pay all charges towards consumption of electricity and water as may be due as determined by the Authority and at the rate(s) fixed by it from time to time. Such charges shall be paid within the date(s) specified in the bill(s). The Licensee shall have to provide his own meter(s) for this purpose, failing which Licensee shall be billed on assessed consumption. In default of payment of said charges, the Authority may without prejudice to its other rights disconnect or cause to be disconnected the water and electricity to the said premises without any notice and the licensee shall not be entitled to any compensation whatsoever on account of any such disconnection.


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4. That the Licensee shall pay all rates, assessments, out goings and other taxes as leviable on the licensee in ‘Laws’.

5. That the Licensee shall make payment of licence fee etc. by cheque/demand drafts drawn on local banks. No outstation cheque shall be accepted in payment of licence fee etc.

6. That in the event of failure to pay the licence fee and other charges by due dates, simple interest @12% per annum be payable on all delayed payments without prejudice to the Authority’s other rights and remedies.

7. That the Licensee shall deposit a sum of Rs. ……………................... i.e. equal to last four (4) months of licence fee as Security Deposit in the form of Demand Draft / Pay order / Bank Guarantee from aNationalized / Scheduled Bank in favour of Airports Authority of India, Amritsar. In the event of the Licensee committing any breach of the terms & conditions of the licence agreement, the Authority may without prejudice to other rights and remedies be entitled to forfeit the Security Deposit or any part thereof. In Such an event he shall pay in the same manner as stated above such additional sum immediately as he may be called upon by the Authority to pay, so that the Security Deposit shall at all times during the continuance of these presents, be for the same amount. On the expiration or earlier determination of the licence the Authority shall return the Security Deposit or part thereof which has not been forfeited as aforesaid, to him, without interest.

8. That the Licensee shall deposit Rs.…………………. (Rupees.............................................................) as Security Deposit towards Electricity Charges in the form of Demand Draft / Pay order / Bank Guarantee from a Nationalized / Scheduled Bank in favour of Airports Authority of India, Amritsar.

9. The Licensee shall equip himself with all necessary permits, licences and such other permissions as may be required under the law in force at any time with regard to the operation of the subject licence.

10. That the Licensee shall maintain such regular and proper account books along with supporting documents regarding sales effected by the Licensee in the said premises and said accounts / documents shall all the times be kept open for inspection by Authority in such manner as may be prescribed. The Licensee shall provide to the Authority, if so required by the Authority, Statements of audited Accounts in such manner and within such period as the Authority may prescribe. Licensee shall be liable to share invoicing details live with AAI.

11. That the Licensee shall have no right to object as and when the Authority decides to grant additional licence for similar Facility at the airport premises where the Licensee is rendering such services.

12. That Authority shall provide bare space for the subject services and other expenses of any kind for establishment and rendering of the services shall be incurred by the Licensee. However, provisions of electricity, water and drainage connections, as the case may be, if so required, for the smooth operation of the services shall be provided by the Authority.

13. All the times during the currency of the licence agreement, it shall be the responsibility of the licensee to obtain proper fire insurance coverage including theft and burglary in respect of all the movable and immovable assets stored or used in the licensed premises and authority shall not be responsible for any loss or damage caused to the licensee on any accounts whatsoever.

14. That Licensee shall operate the subject facility by charging the rate from users, as may be approved in advance by the Authority. Licensee shall exhibit the said approved charges at a conspicuous place inside the licensed premises.

15. That the authority reserves to itself the right to change the location of the premises at any time and may at its discretion to call upon the Licensee to vacate the site and may give him an alternative premises for the purpose of this licence. In such a case, the Licensee shall be bound to vacate the premises immediately and accept the said alternate premises. The entire expenditure on such shifting shall be borne by him and the licensee shall not be entitled to claim any compensation or revision in the licence fee on that score.

16. The Licensee shall use the premises for the bonafide purpose as provided in the Agreement, more particularly described in the enclosed schedule, for the use of all passengers and bonafide visitors to the


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Airport and Officers of the Authority and the staff of various Airlines using the Airport and for no other purpose.

17. The Licensee shall not erect or display any advertisement or signboards except after obtaining the prior approval in writing of the Authority.

18. The Licensee shall not terminate the licence before the expiry of the period of the licence except by giving sixty (60) days notice in writing, otherwise the Licensee shall be liable to pay the Authority (without any demur or question) such amount of money as the Authority may decide as due to it by the Licensee. The licence can be terminated by the Authority by giving sixty (60) days notice in writing without assigning any reason thereto.

Exit Clause in this contract shall be as follows:-

a) Normal termination:- The contract will deem to be terminated on the last date as given in the agreement provided the extension or renewal is approved by the competent authority on or before the last date and communicated to the party in writing and duly accepted. The liability of the party will continue to be payable along with the delayed interest (at the rate mentioned in the contract) till the same is settled. The contractor cannot claim the dues to be time barred or ultra vires even if after the contract is deemed to have terminated by operation of this clause.

b) Termination for cause:- if the party or AAI has invoked the internal dispute resolution clause (as per which the dispute referred to the DRC is to be completed within a period of 45 days) and the same remains unresolved after the specified time period, it will be deemed that the notice period for the termination has commenced from the next date within which the dispute should have been resolved. No extra notice need be served by either party and the contract will terminate after the expiry of the notice period. If such termination happens to fall within 50% of the contract period then the party is liable to pay AAI the value of license fee equal to the amount of current license fee for the six months as demurrage charges. The agreement should also provide for invocation of arbitration clause only after the internal dispute mechanism has been exhausted. However, the notice for termination will deem to have commenced irrespective of the arbitration proceedings.

c) Termination for convenience:- Either party, AAI on one part and the contractor on the other part can serve the notice for termination by giving the requisite notice period. The notice given by the party should be approved by the acceptance Authority. However the date on which notice was received at AAI will be the commencement of the notice period and administrative time required for the approval will not be added. If the party has served the notice, then the party is liable to pay demurrage charges. The demurrage charges will be equal to the amount of six (6) months current licence fee if the termination occurs before the 50% period of the original contract. The period of six (6) months will be reduced to four (4) months if the contract period served exceeds the 50% period but is less than 75%.If the period served exceeds 75% and the period remaining is more than the required notice period for normal termination the demurrage will be equivalent to three (3) months licence fee.

If any provision of law or legislation of India makes it mandatory to stop / prohibits the continuation of any contract at any particular location or otherwise then it will deemed to be closed from the date of such enactment. No compensation is payable by AAI.

Exponential penalty on licensees @ double the licence fee per month in the form of damage charge can be imposed on licensees unauthorizedly occupying the premises after expiry of contract period.

19. In the event of any default, failure, negligence or breach, in the opinion of the Authority on the part of the Licensee in complying with all or any of the conditions of the licence agreement, the Authority will be entitled and be at liberty to determine the licence forthwith and resume possession of the premises without payment of any compensation or damages and also forfeit in full or in part the amount deposited by the Licensee for due performance of Agreement.

20. The Authority and the Licensee further agree that they are bound by the General Terms & conditions as well as special terms and conditions found in Annexure ‘X’ and Annexure ‘Y’ respectively annexed hereto.


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21. Compliance of prevailing Security norms etc. from time to time shall be ensured by the party / licensee. For any information / clarification pertaining to prevailing Security norms and compliance thereof etc., you are requested to please contact Security Directorate, AAI, Amritsar and Bureau of Civil Aviation Security, Amritsar airport.

22. The award letter / letter of intent to be issued in favour of successful bidder shall also form part and parcel of the licence agreement.

SIGNED BY ____________________, Airport Director, AAI, Sri Guru Ram Dass Jee International Airport, Amritsar FOR AND ON BEHALF OF AIRPORTS AUTHORITY OF INDIA IN THE PRESENCE OF:

Witnesses1. _________________________________________

2. _________________________________________

SIGNED BY _____________________________________ FOR AND ON BEHALF OF _________________________________________________________________________IN THE PRESENCE OF:

Witnesses1. _________________________________________

2. _________________________________________


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SCHEDULE OF PREMISES

1. SPACE MEASURING Total Tentative Area for display of Advertisement through Show Window for 07 Nos. sites - 280 Sq. ft.Display Area i.e. 40 Sq. ft each site or as decided by AAI.

2. LOCATION AT a) International Arrival hall – 02 sites

b) Domestic Arrival Hall – 01site

c) Visitors Area, departure side – 01 site

d) Visitors Area, arrival side – 01 site

e) International SHA – 01 site

f) Domestic SHA – 01 site

AAI shall have reserve the right to change the location(s) / area of advertisement at its discretion / requirements

The drawing of locations is enclosed herewith as Annexure 1

3. PURPOSE Advertisement through Show Window inside terminal building at Sri Guru Ram Dass jee International Airport, Amritsar


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ANNEXURE- 1


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ANNEXURE - X

GENERAL TERMS AND CONDITIONS.

The Authority hereby covenants with the licensee as follows :

1. The Licensee, his servants and agents shall be entitled to use all ways, paths and passages as may from times to time be maintained on the said airport ground subject to such rules and regulations as may be imposed by the lawful authorities of the airport ground.

2. The Licensee paying the licence fee and performing the covenants herein contained and on his part to be performed shall and may peacefully possess and enjoy the premises with the use of the ways, paths and passages as aforesaid during the said term without any lawful interruption from or by the Authority or any person claiming under the Authority.

3. Any notice required to be served on the licensee under this agreement shall be deemed to have been served if delivered at or sent by registered post to his last known address or to his authorized representative or agent. Similarly, any notice to be given to the Authority under this agreement shall be deemed to have been served if delivered at or sent by registered post to the Authority.a) The period of notice given under this Agreement will count from the date of receipt) of notice by either side.

4. Subject as herein before otherwise provided, all notices to be given on behalf of the Authority and all other actions to be taken on behalf of the Authority, may be given or taken on behalf of the Authority by the Airport Director of the Airport or by any other officer for the time being authorized by or entrusted with the functions, duties and powers of the said Airport Director, in respect of the Airport under his charge.

5. (a) The Licensee shall not, unless with the written consent of the Authority, create a subcontract of any description with regard to this licence or any part thereof, nor shall be without such written consent as aforesaid, assign or transfer his licence or any part thereof. (b) The Licensee shall use the premises only for the purpose indicated in this agreement and for no other purpose whatsoever.

6. The Licensee his agents and servants shall observe, perform and comply with all rules and regulations of the shop and Establishment Act, Factories Act, Industrial Disputes Act, Minimum Wages Act and the provisions of any statutory law applicable to the licensee including any rules and regulations made by the Authority, Civil Aviation Department or any other Department of Government and or local body or Administration in force from time to time and to the business which the licensee is allowed to carry on under this agreement and to the area in which the said premises are located.

7. (a) The Licensee shall indemnify the Authority from/against any claims made or damages suffered by the Authority by reason of any default on the part of the licensee in the due observance and performance of the provisions of any law which may be related to the purpose of this agreement and to the area in which premises are located. (b) The Authority shall not be responsible in any way for loss or damage by any means causes to the licensee’s stock or property.

8. The Licensee shall at his own cost maintain the premises in a proper state of cleanliness and abide by such directions as may be given by the Authority and such other departments as may be entrusted by the rules and regulations with the works of inspection and enforcement about the conditions of sanitation, cleanliness and hygiene. If the premises is not maintained in reasonably clean condition by the licensee, Airport Director shall have powers to get the premises cleaned at the risk & cost of the licensee and recover liquidated damages at the rate of Rs. 500/- per day for each default upto 7 days & thereafter Rs. 1,000/- per day and can take other actions including termination of the licence.


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9. The licensee shall comply with the requirements of all standard health clauses including those given below :

a) The Airport Health Officer/ Medical Officer of AAI or persons authorized by them may without notice, enter the premises any time and inspect the premises, materials, instruments and implements etc. used by the licensee.b) All instructions given by the Airport Health Officer/Medical Officer of AAI or any persons authorized by them in the maintenance of public health of the Airport including sanitation control prevention of infectious diseases, control and prevention of nuisance from insects, rodents or any other source shall be carried out by them and his agent and servants.c) The licensee shall notify to the Airport Health Officer whenever any person working under him is suffering or suspected to be suffering or convalescing from any infectious disease. The Airport Health Officer may medically inspect the said person or any person who is suspected to have been in contact with the person and take any precautionary and preventive measures considered necessary.d) The licensee his agents and servants shall not without consent of the Airport Health Officer, interfere with injure, destroy or render useless any work executed or any materials or things placed in, under or upon any land or building by or under the orders of the Airport Health Office with the object of preventing the breeding or entry of mosquitoes or maintenance of sanitation.e) The licensee, his agents and servants shall not abuse the water sources, and drainage facilities in the airport area so as to create a nuisance or in sanitary situation prejudicial to public health.f) In the event of any default, failure, negligence or breach in the opinion of the Authority, on the part of the licensee in complying with either of these conditions specified in the foregoing sub-clause (a) to (e), the Authority will be entitled and be at liberty to determine the licensee forthwith and resume a possession of the premises without payment of any compensation or damages and forfeit in full or in part the amount deposited by the licensee for due performance of the agreement.

10. The licensee shall employ only such servants as shall have good character and as well behaved and skillful in their business. He shall furnish the Authority in writing with the names, parentage, age, residence and specimen signature or thumb impression of all servants whom he proposes to employ for the purpose of this agreement before they are so employed and the Authority shall be at liberty to forbid the employment of any person whom it may consider undesirable. The servants employed by him shall be under the general discipline of the Authority and shall confirm to such directions as may be issued by the Authority in respect of point or routes of entry to and exit from the premises and in respect of the use of toilet and wash rooms. He shall also have the character of all persons employed by him verified by the police to the satisfaction of the Authority, before the employment.

11. (a) The licensee would be required to install adequate number ( as may be determined by Fire Officer or any other officer of AAI depending upon the area of the licensed premises) of minimum a 2.5 kg CO2 fire extinguisher in the licensed premises at his cost before commencement of business.(b) No wooden partition / inflammable material shall be permitted in the licensed premises. The material to be used for partition / fabrication of the shop / office premises shall be as per the specification given by AAI and to be got approved by AAI in advance.(c) Licensee shall not use a naked light or cause or permit any such light to be used in the licensed premises.

12. The licensee shall not damage the premises for any part of the Airport premises and in the event of any damage being caused to the same intentionally or otherwise, by the licensee, or his employees or invitees or customers, the Authority shall be entitled to repair the damage or make the requisite replacement and call upon the licensee to replacement and call upon the licensee to reimburse cost thereof which the licensee undertakes to pay forthwith on demand.

13. The licensee shall not store or bring or keep in the premises heavy articles so as to injure or damage the premises or keep goods of combustible or inflammable nature unless required for executing the licence.


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14. (a) The licensee shall not use electrical heater, toaster and other allied appliances in the premises for preparation of tea, coffee and for heating of food etc. unless specifically provided under the agreement to perform contractual obligations.(b) The licensee hereby agrees to provide necessary training to the employees posted in the licensed premises for handling fires extinguisher as provided in the terminal/licensed premises.

The licensee will, during the continuance of this licence insure against any claim for workmen’s compensation or otherwise of all persons employed by him in connection with his business to be carried on as aforesaid with such insurance company as the Authority shall approve of and shall produce for inspection on demand by the Authority all policies in respect thereof and the receipts from time to time for current premium.

15. In the case of such breach of the terms of this licence as minor offences and complaints coming to its notice for which in the opinion of the Authority this agreement need not be terminated, the Authority may at its desecration recover compensation from the licensee up to the limit of the Security deposit of the licensee. The decision of the Authority in this respect will be final and binding on the licensee.

16. The licensee shall not hold or permit to be held any public or private auction in the licensed premises.

17. The Licensee shall sell articles in the premises at prices which shall be marked on the articles or on tags attached thereto and it shall be in excess of the retail prices/fair by the manufacturers or Government or any other local authority whichever is lower or controlled price in case such case controlled price has been fixed by any authority and in all other cases, not exceeding the reasonable market rates for similar goods. The Authority can after giving reasonable opportunity to the Licensee to show cause, itself fix the price of any article or articles, if, in its opinion, the prices charged are unreasonable or exorbitant and thereupon the Licensee shall sell only at the price so fixed by the Authority and he/she shall also be liable to refund to any customers any amount in excess paid by such customer for any articles in excess of the price so fixed.

18. It shall be obligatory for the licensee to keep in stock and in case they are intended for distribution, distribute the same and display, literature, produced and released by the Publications Division of Government of India and/or Tourism Department of the Central Government or of the State Government within whose jurisdiction the Airport is situated on such terms and conditions as may be fixed by the said Publications Divisions or said Tourist Department.

19. The licensee shall not stock, sell, display, exhibit for sale any books, magazines, newspapers or periodicals, statues, idols or other articles which are repugnant to morals or indecent and immoral, improper or otherwise objectionable in character, it being expressly agreed that the decision of the Authority shall be conclusive in this behalf and absolutely binding on the licensee and shall not be subject to any dispute or review. Apart from any other legal / disciplinary action, the licensee shall immediately remove such book, journal or articles from premises, if, as decided by the Authority it is objectionable in any manner to keep, exhibit or sell the same.

20. The licensee shall maintain a complaint book in a prominent place in the premises and in such a way that it is easily accessible to any person who wishes to record any complaint and the said book shall be open for inspection fortnightly by the Airport Director of the Authority or his authorized representative.

21. If because of any strike or lock-out in the Airport or in any airline, the licensee is unable to function or his business is affected, the Authority shall not be liable for any loss which the licensee may suffer in such an event. However, rebate in the licence fee due to ban on visitor entry at the airport and due to natural calamities and due to declaration of the closure of the airport for total operation shall be granted as per the merit of the case and policy laid down by AAI from time to time.

22. In the event of the Licensee being prohibited from selling one or more articles in the premises because of Government Laws/Rules/Regulations/Orders, the Authority shall not be liable for any loss suffered by the Licensee in such an event the Licensee shall not be entitled to any reduction in the fees payable to the Authority or permission for sale of additional items.


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23. The Licensee shall deposit duplicate keys of the premises with the Authority whenever the Airport Director Demands and permit the Authority to make use of the keys during the emergency. The licensee shall not remove or replace the lock on the outer door or change the locking device on the said outer door of the shop.

24. The Authority do not recognize any Association of the Traders and in case any negotiation / bargain necessary with regard to the clarification of the terms and conditions of the licence or modification thereof such negotiations should be sought by the licensee alone and no collective representation / bargaining will be entertained.

25. On expiry of the licence period or on termination of the licence by the Airport Authority on account of any breach on the part of the licensee, the licensee shall deliver the possession of the premises in good condition and in peaceful manner along with furniture, fittings, equipment and installations, if any, provided by the Authority. Further, licensee shall remove his / their goods and other materials from the premises immediately, failing which Authority reserve its right to remove such goods / materials at the cost & risk of the Licensee and demand payment for such removal. If such payment is not made within 10 days, Authority shall be at liberty to dispose off the goods / materials of the Licensee by public auction to recover the cost. The licensee shall not be entitled to raise any objection in such and eventuality.

26. The licence herewith granted shall not be construed in any way as giving or creating any other right or interest in the said space / building(s)/ land/ garden/ tank/ premises to or in favour of the licensee but shall be construed to be only as a licence in terms and conditions herein contained.

27. The Authority, its servants and agents shall at all times have the absolute right of entry into the said premises.

28. The provision of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and the rules framed there under which are now in force or which may here after come into force shall be applicable for all matters provided in the said Act.

29. All disputes and differences arising out of or in any way touching or concerning this Agreement (except those the decision whereof is otherwise herein before expressly provided for or to which the Public Premises [Eviction of Unauthorized Occupants] Act and the rules framed there-under which are now enforce or which may here-after come into force are applicable), shall, in the first instance, be referred to a Dispute Resolution Committee (DRC) setup at the airports, for which a written application should be obtained from the party and the points clearly spelt out. In case the dispute is not resolved within 45 days of reference, then the case shall be referred to the sole arbitration of a person to be appointed by the Chairman / Member of the Authority. The award of the arbitrator so appointed shall be final and binding on the parties. The Arbitration & Conciliation Act 1996 shall be applicable. Once the arbitration clause has been invoked, the DRC process will cease to be operative.

It will be no bar that the Arbitrator appointed as aforesaid is or has been an employee of the Authority and the appointment of the Arbitrator will not be challenged or be open to question in any Court of Law, on this account.

Before making a reference to Dispute resolution Committee, the licensee will have to first deposit the disputed amount with AAI and the consent shall be given by the licensee for acceptance of the recommendations of the Dispute Resolution Committee.

The case shall be referred to the sole Arbitrator by the Chairman/ Member of the Authority subject to the condition that the licensee shall have to deposit the disputed amount with AAI as condition precedent before making reference to the Arbitration for adjudication of dispute.During the arbitral and Dispute resolution proceedings, the licensee(s) shall continue to pay the full amount of licence fee / dues regularly as per the award / agreement and perform all covenants of the agreements.

30. In case of any dispute where legal action is compelled to be initiated by any of the party, jurisdiction of the court shall be the city / town / district where the airport is located.

(SIGNATURE OF LICENSEE)


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ANNEXURE - Y

SPECIAL TERMS AND CONDITIONS IN RESPECT OF ADVERTISEMENT THROUGH SHOW WINDOW

a. The prospective bidder / tenderer is requested to visit the site / airport before participating in the e-tender and may satisfy themselves before submitting e-tender. Request for reduction in licence fee at any stage shall not be entertained by AAI.

In order to get assistance from this office regarding visit of site / airport, the party is requested to please inform us at least one day in advance. The necessary arrangements in r/o visit of site / airport shall be taken care of by this office, if desired by the party.

b. Designing setting up and installation of the Show Window along with Electricity Connection shall be arranged by the licensee at his own cost to offer a pleasing ambience International standard to Airport. Perfectible Show Windows to match the existing aesthetics of the Airport, after obtaining prior approval of AAI in the allotted space. The licensee shall submit the drawing of location / structure to be installed by him along with their type, quality, color combination as well as design etc. within 15 days from the date of issuance of award letter. AAI shall grant / not grant approval of the same within 30 days from the date of issuance of award letter.

c. Advertisement sites as per enclosure attached with the NIET for inside of the terminal building shall be provided by AAI. Wherever a particular location(s) / area(s) duly earmarked under annexure 1 is not being / cannot be made available by AAI to the licensee, the mutually agreed alternative location(s) shall be made available to the party. However, in the event of lack of mutualism, the decision taken by AAI in terms of location(s) of alternative site(s) / area (s) shall be full and final and be binding on the party. For this, AAI shall not grant any rebate to the licensee in any manner. Further, even in the case of non-acceptance of alternative site(s) by the party, no rebate shall be granted.

All material for advertisement shall be fabricated by the licensee at his own cost. The material used by the party should be such that it enhances the aesthetic of the airport and prior approval of AAI is required before installation.

d. Objectionable material display will not be permitted. AAI also reserves the right not to allow any advertisement of certain commodities.

e. The Authority has a right to check, search, examine the persons and the belonging of the Employees / representatives and agents of the contractor while entering / leaving the premises and they shall not leave the premises unless authorized by the concerned authority.

f. In case any employee is found engaged in doing any other work which is not relevant to the scope of this licence, his entry permit shall be confiscated and cancelled and the Licensee shall dispense with his services forthwith and arrange replacement in his place immediately.

g. Airports Authority of India reserves its right to decrease or modify the plan of sites or location of sites proposed and accepted as and when considered essential.

h. Licensee shall ensure that permits / sanction of Central Govt. / State Govt. / local Govt. bodies are obtained and displayed at appropriate places. The Authority shall not entertain any rebate / claim of damages / consequential loss etc. on this ground.

i. Rebate etc. will be governed by Manual.

j. All the above guidelines will form part of the agreement.

(SIGNATURE OF LICENSEE)


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ANNEXURE - B

Declaration under CLAUSE 3 (f)(i), 3 f(ii) & 3 (h) of General Information / Guidelines of NIET

(SCANNED COPY TO BE ATTACHED IN TECHNICAL E-BID)

I/We hereby declare that …………………………………(name of proprietor / partnership firm / company)has/had following contracts (current and past) at AAI controlled airports and offices and the details of disputed and undisputed dues there on along with the details of Security Deposit and mode of Security Deposit is as under:-

CURRENT CONTRACTS:-Sl. No.

Name of Airport

Name of contract Period of contract (From/To)

Detail of Disputed/ undisputed dues

Detail of Security Deposit(Amount in Rs.)

Mode of Security Deposit

No Dues Certificate issued by AAI (kindly attach a signed copy issued by concerned airport)

PAST CONTRACTS:-Sl. No.

Name of Airport

Name of contract Period of contract (From/To)

Detail of Disputed/ undisputed dues

Detail of Security Deposit(Amount in Rs.)

Mode of Security Deposit

No Dues Certificate issued by AAI (kindly attach a signed copy issued by concerned airport)

Note:- Kindly fill all the columns or submit “Nil Report” (if not applicable).

OR

I/We hereby declare that …………………………………(name of proprietor / partnership firm / company)has/had not established any business (current and past) at AAI controlled airports and offices, hence there is no outstanding dues (disputed and undisputed) against us.

SIGNATURE OF TENDERER WITH STAMP

Date:-


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ANNEXURE – C

Declaration under CLAUSE 3 (f) (iii) of General Information / Guidelines of NIET(SCANNED COPY TO BE ATTACHED IN TECHNICAL E-BID)

I / we hereby declare that myself or any of the Directors / Partner of my firm or company is also a director of other company or partner of a concern or a Sole Proprietor having established business with AAI and has outstanding dues payable to the Authority. The detail of the same is as under:-

Sl. No.

Name of the Proprietor / firm / company

Name of the Proprietor / firm / company having established business with AAI

Name of the airport & contract

Amount of outstanding dues

Disputed/ undisputed dues

Remarks


Date:-

ORI / we hereby declare that Myself or any of the Directors / Partner of my firm or company is also a director of other company or partner of a concern or a Sole Proprietor having established business with AAI and has no outstanding dues payable to the Authority.

Sl. No.

Name of the Proprietor / firm / company

Name of the Proprietor / firm / company having established business with AAI

Name of the airport & contract

Remarks


Date:-

ORI / we hereby declare that Myself or any of the Directors / Partner of my firm or company is not a director of other company or partner of a concern or a Sole Proprietor having established business with AAI and has no outstanding dues payable to the Authority.


Date:-


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ANNEXURE – D

Declaration under CLAUSE 3 (i), 3 (j) & 3 (k) of General Information / Guidelines of NIET

(SCANNED COPY TO BE ATTACHED IN TECHNICAL E-BID)

1) I / We hereby declare that Myself / our firm / company has not blacklisted or debarred by AAI or any Government of India department, any Central or State public sector undertakings.

2) I / We hereby declare that Myself / our firm / company is not facing any case / action under PPE Act initiated by AAI.

3) I / We hereby declare that no raid / seizure / search has been carried out and / or pending by a regulatory authority in respect of the licence granted by AAI in any of the airport premises either against me and / or any member of the consortium or against our / its associates or against any of the directors / managers / employees.


Date:-


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ANNEXURE - E

DUPLICATE COPY TO BE SUBMITTED IN E-TECHNICAL BID

ACCEPTANCE LETTER(Scanned copy to be attached in e-technical bid)

Refer Clause 3 (l) of General Information / Guidelines of NIET

To,The Commercial In ChargeAirports Authority of IndiaSri Guru Ram Dass jee International Airport, Amritsar.

Sir,

ACCEPTANCE OF AAI’s E-TENDER CONDITIONS

1. The e-tender documents for the Facility Licence for Advertisement through Show Window inside terminal building at Sri Guru Ram Dass Jee International Airport, Amritsar have been sold to me/us by Airports Authority of India and I/we hereby certify that I/we have inspected and read the entire terms and conditions of the e-tender documents made available to me/us. Which shall form part of the contract agreement and I / we shall abide by the conditions / Clauses contained therein.

2. I/We hereby unconditionally accept the e-tender conditions of AAI’s e-tender documents in its entirety for the above facility.

3. The contents of Clause 8 of Notice Inviting E-Tender of the E-Tender Documents has been noted wherein it is clarified that AAI reserves the right to reject the conditional e-tenders without assigning any reason thereto.

4. I/We declare that I/We have not paid and will not pay any bribe to any officer of AAI for awarding this contract at any stage during its execution or at the time of payment of bills and further if any officer of AAI asks for bribe/gratification, I/We will immediately report it to the appropriate authority in AAI.

5. The required Earnest Money for this facility is enclosed herewith.

Yours faithfully,

Date:____________

(Signature of the e-tenderer)with rubber stamp


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FORM OF BANK GUARANTEE

(To be executed on Non-Judicial Stamp Paper of Rs.100/- by the successful tenderer)

WHEREAS by a Licence Agreement dated __________________ made between AIRPORTS AUTHORITY OF INDIA, the Licensor (hereinafter called “the AUTHORITY) of the one part and ___________________________(hereinafter referred to as “the Licensee”) of the other part, the Authority has granted to the Licensee the Licence for Advertisement through Show Window inside terminal building, Sri Guru Ram Dass Jee International Airport, Amritsar and the Licence Fee and Royalty and other charges and for the due and performance of the covenants and conditions as stated or contained in the said Licence Agreement.

1. Now therefore in consideration of the promises aforesaid and the at the request of the licensee we, ________________________________________ do, hereby irrevocably and unconditionally undertake to pay to you, the Authority on demand and without demur or protest and without reference to the Licensee, any sums of money at any time or from time to time demanded by the Authority on account of the Licence Fee and Royalty and other charges due from the Licensee (inclusive of any costs or expenses and interest) and / or by way of losses and damages caused or that would be caused to the Authority by reason of any breach by the Licensee of any of the terms or conditions of the said Licence Agreement and AAI shall be sole judge for this demand: PROVIDED that our liability under this Guarantee shall be limited to a sum of (Rupees……………………………….. /USD………..) and extended for the amount increased from time to time as aforesaid.

2. Notwithstanding any right the Licensee may have against the Authority or any dispute raised by the Licensee or any suit or proceedings pending in any Court / Tribunal / any statutory authorities relating thereto or before any Arbitrator(s), your written demand stating that the amount is due to the Authority as stated herein above shall be conclusive evidence to us that the amount demanded by you, the Authority, is payable under the terms of the said Licence Agreement without any consent or knowledge of the licensee.

3. We shall not be discharged or released from the aforesaid undertaking and guarantee by any variation(s) or any of the terms & conditions of the said Licence Agreement made between the Authority and the Licensee and or any act of omission on part of AAI or any indulgence to the Licensee by the Authority or any forbearance whether as to payment, time performance or otherwise or to enforce any of the terms and conditions of the said Licence Agreement without our consent and knowledge.

4. This Guarantee shall be a continuing guarantee and binding on us and our successors and assignee(s) and shall not be discharged or affected by any change in the constitution of __________________________ or that of the Licensee or the Authority.

5. We further confirm that the Guarantee has been issued with due observance and compliance of the appropriate Exchange Control laws and Foreign Exchange Regulations and other applicable laws as in force in India.

6. This Guarantee shall be valid till ________________ and you have the right to encash this Guarantee upto _________________ from the said date unless extended on demand by AAI.

NOTWITHSTANDING anything contained herein:

i. Our liability under this Guarantee shall be limited to a sum of _________________ during the currency of the contract and three (3) months thereafter.

ii. This bank guarantee shall be valid upto ____________ and you have the right to enchash this guarantee upto ninety (90) days from the said date.

iii. We are liable to pay the guarantee amount or any part thereof under this bank guarantee amount or any part thereof under this bank guarantee only and if you serve upon as a written claim or demand on or before _____________.

For Bank NameDated :Place:Witnesses:


30

(Letter of understanding from the Depositor to Bank to be submitted alongwith Bank Guarantee to Airports Authority of India)

The Branch Manager,

………………..Bank,

……………………..

Sub:- My Bank Guarantee bearings No. ……………………………….................….. Dated …………………….for Rs…………………… issued in favour of Airports Authority of India.

Sir,

The subject Bank Guarantee is obtained from your branch for the purpose of Security / Earnest Money on account of contract awarded / to be awarded by M/s AAI to me /us.

I hereby authorize the Airports Authority of India in whose favour the deposit is made to encash / close the subject Bank Guarantee before maturity / on maturity towards adjustments of dues without any reference / consent / notice from me / our side and the bank is fully discharged by making the payment to Airports Authority of India.

Signature of the Depositor

Place:

Date:

E-Tender for Licence for Advertisement through Show Window...

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